Category: Political

Michael Dunn of South Patrick Shores, Florida is accused of grabbing a 9mm pistol from his glovebox and firing two volleys of bullets at an SUV containing four teens during a parking-lot argument over loud music. The shots killed Jordan Davis and narrowly missed the other boys.

While in jail Dunn wrote letters to family members, friends and others claiming that he was being treated unfairly by the media and that the court system was biased toward blacks. In a letter to his daughter about “thugs,” he wrote, “This may sound a bit radical but if more people would arm themselves and kill these **** idiots when they’re threatening you, eventually they may take the hint and change their behavior,” WTEV News reports

Does this tell you anything? Imagine this guy and his fiancee’ Rhonda Rouer going down on a Saturday afternoon to Jacksonville, Florida to attend his son’s wedding. Can you imagine the culture shock?
While at the wedding, according to Rhonda Rouer, he kicks back 3 or 4 rum and cokes. She has a few herself. On the way back to the hotel they decide to pick up a bottle of wine at a convenience store. They’re out of towners, they don’t know squat about the area. They pull in the parking lot next to an SUV with 4 occupants. The fiancee gets out of their rental car to buy the wine. While she’s in the store, Michael Dunn hears this loud music coming from the SUV. He hates the music! He rolls down his window to ask the occupants to turn it down. Initially the occupants comply but then as a second thought they become annoyed and decide to crank it back up.

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As I was telling this story to my son this afternoon, he shockingly admitted to me that he’s done that before. He’s asked drivers at red lights to turn down their music too. I asked him, “well, how do they respond, when you roll your car window down and ask them to turn down their music?” He said sometimes they do it and sometimes they don’t. By the way, he doesn’t own a gun. He doesn’t need a gun to act like a jerk.

I guess I’m just not a confrontational person. The way I look at it, I’m only going to be at a red light for two minutes. I’ll just crank up my Moody Blues -Stevie Ray Vaughn – Wet Willie – Foreigner CD louder for the time being and if that doesn’t drown it out, I’ll pause the song until I can get away from the clown. I’m a “live and let live” type of person but apparently my son is not.

Charges?

“Dunn faces charges of first-degree murder, three counts of attempted murder and shooting or throwing a deadly missile” I can’t explain the last one but I do have a question. Why wasn’t he charged with leaving the scene of a crime? I KNOW he’s guilty of that!

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Ordinarily I don’t like to blog about racial cases. I just find them too controversial for discussion and basically a waste of time because in American society, I’ve come to the conclusion that there’s just too many other agendas to consider than the crime itself when trying to predict the outcome. George Zimmerman, case in point. Had I realized the extreme racial divide in Florida, I would have known that George Zimmerman could never be convicted. Whatever, here I am blogging about the murder of Jordan Davis.

During the last few days, my television has been bleeding “Michael Dunn Murder Trial” so I decided to check it out. As I’m watching HLN, I hear a familiar voice. It’s no other than John Guy, one of the same prosecutors who miserably failed to convict George Zimmerman. Whatta kwinky-dinky I thought!

So I listened for an hour or two of this boring monotone voice asking these rhetorical questions and allowing these over-the-top extremely long responses. I thought,”this is strange.” Usually when a prosecutor finally gets their chance to interrogate the accused, it’s not nice. You expect someone like Nancy Grace screaming at the top of her lungs, not Andy of Mayberry.

I expected “answer the question sir, yes or no!” not allowing Michael Dunn to go into this long ass narrative ending each answer with “I was afraid for my life.” Wow!

But this is another one of Florida State Prosecutor Angela Corey’s babies and assistant prosecutor John Guy must be her number one boy, right? I succinctly remember the outcome of her last crusade and unfortunately, I’m expecting the same.

Before the trial, the protesting began as expected in this case. Representatives of the New Black Panther Party, Southern Christian Leadership Conference and Jacksonville Progressive Coalition waved signs on the Duval County Courthouse lawn seeking justice for 17 year-old Jordan Davis.

“What we’re not going to allow is young black men to be gunned down in the city of Jacksonville, or anywhere in Florida — or anywhere in this country — without repercussions for the killer,” Blake said.

This was noble of Richard Blake to say, I just wish he had said, “What we’re not going to allowisyoung men to be gunned down in the city of Jacksonville, or anywhere in Florida — or anywhere in this country — without repercussions for the killer,” This reminds of Michael Dunn’s letter to his daughter.

Someone, somewhere in this country has got to know that this doesn’t work. This is not coming together as a country. This is a division that the media feeds on and peddles every chance they get. When a wrong is wrong, no matter who the victim, I want justice. We should all want justice.

On Friday, July 5th, after 9 days of testimony, the State of Florida rest it’s case against George Zimmerman, accused of 2nd degree murder in the senseless shooting of 17-year old Trayvon Benjamin Martin. As expected in most murder trials, Mark O’Mara and co-counsel Don West asked Judge Debra Nelson for an acquittal which she denied. With that the defense began. Attorney Mark O’Mara calls his first witness, George Zimmerman’s mother. Gladys Zimmerman who swore under oath that the voice she heard on the 911 call was the voice of her son.

When O’Mara asked, “Why do you think it’s George?” Gladys simply replied, ” Because he’s MY son” Bingo! Although she hasn’t heard him like that before, she’s certain it was her son George. Very good Gladys. Now you can go for ice cream with Donny and Molly.

Just as quickly as George’s mother’s testimony came to a close, up to the stand was Jorge Mesa, George Zimmerman’s uncle.

Jorge Mesa, who happens to have ties with Orange County, Florida has been a courthouse deputy since 2007. I should add, George’s father, Robert Zimmerman Sr. is a retired Supreme Court Magistrate judge from Virginia. And I wonder why George Zimmerman’s case wasn’t brought to a Grand Jury.

Jorge Mesa testified that he hadn’t heard the 911 call with screams for help in the background until he heard it over television while his wife was watching the news. He admitted that he knew his nephew was involved in a shooting but was trying not to get involved. Ashamed, perhaps? I can’t help but wonder if Uncle Jorge is the father of the niece George Zimmerman is accused of molesting years ago. The girl was at one point on the State witness list but for reasons unknown, Bernie de la Rionda chose not to call her to the stand.

Mr. Mesa went on to say that he knew the screams he heard belonged to George because he heard him sound like that when he was laughing. Does laughing ever sound like screaming?Or is this what George sounded like when he was kicking his ass for touching his daughter? I really don’t know who the poor child belonged to. One can only speculate…the child was George’s cousin.

Prosecutor Bernie de la Rionda’s cross examination was short and methodical. He basically emphasized that he was in fact “George’s uncle” and with that bit of “consider the source”, Jorge Mesa was dismissed.

Considering the defense’s opening witnesses, I can only presume that their case hinges heavily on the 911 screams. As I recall, in the same 911 call in which the screams can be heard, the female caller did say, “They” are screaming for help” meaning more than one person. I’m hoping that the jury will listen very closely to the tapes. If they do, in the midst of the screams, they will hear, “I’m beggin you!”. George Zimmerman certainly didn’t scream that. He had the gun.

We are finally here, Day One of the George Zimmerman trial. The defense team, Mark O’Mara and Don West along with Asst. State Prosecutor Bernie de la Rionda have the enormous task of finding 6 unbiased, unaware swamp dwelling people who live in Seminole county Florida who have not heard of this case or more realistically have not formed an opinion of this case. The State and the defense team will then decide, if they have formed an opinion, do they still have the ability to be fair?

On February 26, 2012, the defendant George Zimmerman called non-emergency 911 to report a suspicious person. Listen to non-emergercy call below.

Initally Sanford Police Department did not arrest George Zimmerman. The case was later handed over to Florida State Attorney Angela Corey who subsequentally indicted Zimmerman charging him with 2nd degree murder.

In America, most of our trials begin with jury selection or vior dire.

voir dire

(vwahr [with a near-silent “r”] deer) n. from French “to see to speak,” the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case). Actually one of the unspoken purposes of the voir dire is for the attorneys to get a feel for the personalities and likely views of the people on the jury panel. In some courts the judge asks most of the questions, while in others the lawyers are given substantial latitude and time to ask questions. Some jurors may be dismissed for cause by the judge, and the attorneys may excuse others in “peremptory” challenges without stating any reason. 2) questions asked to determine the competence of an alleged expert witness. 3) any hearing outside the presence of the jury held during trial.

After filling out a questionnaire, the 500 selected potential jurors have been broken up into 3 groups. Today the State and defense will question the first group, tomorrow the second group and Wednesday the third group. The questionnaire has not been made public.

Before today there was still a question regarding audio experts. I’m relieved to learn that on Saturday Judge Debra Nelson, that the expert opinions regarding the “death sheik” will be admissible. I’m not surprised to add, defense attorney Mark O’Mara once again asked for a continuance which was denied and O’Mara says he has a witness he’d like to had to the list.

Let justice prevail!

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*FYI, the trial’s being streamed at Click Orlando and the Huffington Post.

After months of playing Public Relations Guy and constantly pandering to the media, George Zimmerman’s attorney Mark O’Mara has finally decided to get to the work he was hired to do.

He began last Wednesday, March 13th deposing the ever-elusive Witness 8 aka DeeDee. “DeeDee” is code name for Trayvon Martin’s friend whom he happened to be on the phone with on the night he was shot down by George Zimmerman.

Unbeknownst to the shooter, Trayvon had been on his cell phone with DeeDee during most of the evening of February 26th.

It’s unknown to the public how or why Sanford investigators and asst. prosecutor Bernie de la Rionda overlooked these important phone calls taking place during this crucial time frame, nonetheless T-Mobile phone records show DeeDee was in contact by cell phone with Trayvon Martin on 4 occasions beginning at 6:54pm.

Call record:

Incoming — I minute — 6:54pm

Incoming — 18 minutes — 6:54pm

Incoming — 1 minute — 7:04pm

Incoming — 4 minutes — 7:12pm

*It’s important to note that on the night of February 26th it was raining heavily. It’s probable that a phone call could have been dropped due to the weather.

Records show George Zimmerman called non-emergency 911 at 7:09PM — EST. According to transcripts, the call lasted 4:07 minutes which indicates the call ended at approximately 7:13PM — EST.

Obviously it’s this information that makes Witness 8 vital to the case. I’m still amazed that DeeDee’s phone calls were overlooked by law enforcement and prosecutors. Had it not been for Sybrina Fulton and Tracy Martin’s personal attorney Benjamin Crump, its likely Witness 8 would have been lost in the paper work.

It was attorney Benjamin Crump who initially spoke with Witness 8 who related her version (via telephone) of what happened on night Trayvon Martin was killed.

Just by the fact that George Zimmerman walked out of Sanford Police Department a free man on the night of the shooting and then overlooking “DeeDee” as a key witness is not acceptable in any murder investigation. In my point of view, it’s these types of faux pa’s and mistakes that have caused so much public distrust in this case.

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So after the much awaited “DeeDee Deposition”, the next day March 14th, O’Mara began at 9am, to depose Brandi Green, Tracy Martin’s girlfriend whose home Trayvon was en route when he was approached by George Zimmerman. It was her 8-year old son who was patiently waiting at home for Trayvon’s return with his bag of Skittles candy and his Arizona Watermelon Iced Tea.

Next on O’Mara’s agenda was the 3PM deposition of Mark Osterman. Mark Osterman is said to be George Zimmerman’s best friend and confidante. It was Mark Osterman who taught Zimmerman how to shoot a gun and it was Mark Osterman’s father who wrote a book about a cop turned vigilante. Ironically, George Zimmerman being of weak mind was probably more impressed with the book than most. Considering Zimmerman acted out February 26th, it seems “vigilantism” is of great interest to him. Last but not least, scheduled for 4PM was Witness 25 — civilian.

More work for Mark O’Mara as he begins Friday, March 15th with deposing Sybrina Fulton, Trayvon’s mother. Later that day he deposed her son Jahvaris Martin. Finally O’Mara’s day was complete.

It’s good to see Mark O’Mara is taking this case a little more seriously. Up until now, he seemed to be depending on the “Stand Your Ground” hearing to put this case to an end but I think Judge Debra Nelson has given him and co-counsel, Attorney Donald West a “reality check.”

Isn’t it funny how GEORGE ZIMMERMAN has reversed positions with Trayvon. Everything that GEORGE ZIMMERMAN says Trayvon did, HE DID! He jumped out of the bushes.
Remember when the dispatcher asked him for his apartment number? GEORGE ZIMMERMAN says paraphrasing — “I don’t know where this kid is” as a reason for not wanting to give his address? He’s probably standing in bushes when he says that. There’s no proof that GEORGE ZIMMERMAN walked back to his truck as he claims. We hear him getting out of truck but not getting back in.

See all of LLMPaPa’s compelling Trayvon Martin/George Zimmerman videos at YouTube.com

Please, PLEASE, PLEASE SIGN THE PETITION!!

Investigate George Zimmerman for Civil Rights violation in his killing of Trayvon Martin

A Neighborhood Watch Captain went on an illegal patrol and profiled an innocent child as a rogue, thug criminal, who he decided, without reason, deserved to be followed in the darkness and when he caught him he questioned and killed him. His only reason given for his erroneous beliefs was that the child was black and did not belong in the neighborhood. To defend himself with claims of “stand your ground” and “self defense” he concocted a series of demonstrable lies, claiming the child tried to take away the weapon he himself carried everywhere he went and that he was beaten to within an inch of his life, by Trayvon Martin, who had no dna or other trace evidence on his hands. Even while Zimmerman was covered with his own blood. Evidence that Martin never touched Zimmerman at all.

To the chagrin of Mark O’Mara, it was recently announced — State of Florida v. Zimmerman is set to commence on the 10th day of June 2013. I could not be happier as I am quickly tiring of smear campaigns waged against young Trayvon Martin as well as GZ’s attorney conducting a pseudo-trial in the realm of public opinion. Soon it will be time to put up or shut up for Mark O’Mara.

Only hours after O’Mara learned Judge Debra Nelson set a date for trial, he complained to the press that the prosecutors were making it difficult for him to obtain evidence and how he’s hoping that this case won’t make it to trial.

Meanwhile, the Zimmerman family are still claiming they receive death threats daily, yet no one has seen a police report. Robert Zimmerman Jr. has gone hog wild in the media protesting the public perception that they (the Zimmerman Family) are racists.

Within 2 days of the Robert Jr. nationwide “We’re-Not-Racists” campaign, George’s attorney jumped on the same bandwagon as O’Mara began imploring State Attorney Angela Corey for an FBI report, the one investigating the possibility that George Zimmerman’s actions were a hate crime however this investigation is ongoing, no answer yet for anxious O’Mara.

The Hearing

On October 19 in order to build a defense for his client, Mark O’Mara asked Judge Nelson for Trayvon Martin’s school records and Twitter account Tweets which isn’t probative evidence in this case. This leads me to believe — O’Mara is simply seeking for ammunition to slander the reputation of the victim which is a definite sign of weakness. He’s also implying a cover-up on the part of state prosecution staff stemming from cell phone forensics. Nonetheless, the hearing went well for the defense team.

At the hearing it was decided the defense will get Martin’s school records and O’Mara will subpoena Twitter for Trayvon Martin’s tweets. The State however is asking for George Zimmerman’s medical records. They were handed over to Asst. State Prosecutor Bernie de la Rionda at the hearing but does this manilla folder have all of them?

O’Mara wryly suggested that he’d agree to give the State Zimmerman’s medical records from “30 days before the shooting and 30 days after” Judge Nelson answered, perhaps she should give the defense only “30 days before and 30 days after” Martin’s school records and Tweets. O’Mara didn’t bite.

As usual, during the entire hearing, Mark O’Mara spoke with endless sentences as he muttered on and on attempting to convince the Zimmerman minions that he really does have a defense when the NEN call says he does not. We shall see.

Lastly, Judge Debra Nelson will also take up an emergency motion filed Thursday by O’Mara that asks the court to grant depositions of several Sanford police officers, including former Chief Bill Lee.

In regards to the emergency motion, O’Mara said in the filing he learned during a recent deposition of police Sgt. Joseph Santiago that investigators held several meetings in the weeks after the shooting and reached a consensus that Zimmerman should not be charged with a crime.

O’Mara contends that information was only learned through a question during the deposition of Santiago and that the state never disclosed the existence of the meetings or what was discussed during them.

“If all those witnesses had a similar opinion, I’m very concerned of what the basis for the prosecution is,” O’Mara said. “We’re certainly now have a lot more to look into. I didn’t know we’d be going down this path. Now it’s been opened up to us, we’re going to investigate it to wherever it leads us.”

As for the cell phone debacle — the cell phone, belonging to victim, Trayvon Benjamin Martin was found at the crime scene and is listed as Item #11 and Object Marker #7 in discovery. It was found near the body of the victim in the middle of the courtyard and verified by Martin’s father Tracy Martin, as belonging to his son Trayvon.

Why is the cell phone important?

On the night of the shooting, February 26, 2012, Trayvon Martin was visiting his father Tracy at his girlfriend’s condo. On this rainy evening, Trayvon was watching a NBA playoff game when he decided to go to the store and buy snacks for the younger son of Brandy Green. There is a video proving just that. Trayvon Martin bought a bag of Skittles and a can of Arizona Tea.

The store video shows a normal teenager who doesn’t seem suspicious in any way. Had he behaved obnoxiously or showed any sign of being high on drugs, the store clerk would have remembered him but he did not.

On this night, Trayvon was wearing khaki pants, white sneakers and a black hooded sweatshirt.

It was raining as he’s nonchalantly walking back from the 7-11 convenience store talking to his girlfriend DeeDee on his cell phone, he stopped for a moment at the condominium mail shed to get out of the downpour.

He stood there for a short while chatting with DeeDee before heading onward to the apartment. It’s important to know that all of the apartments look alike so it’s likely Trayvon was looking around to get his bearings. After all it was dark and rainy and he’d only been staying at Brandy Green’s for a week, so it’s possible he may have thought he was lost and that’s why he was looking around as George Zimmerman described, not casing the area to commit a burglary. According to lead investigator Chris Serino, Trayvon Martin has no criminal record so it’s only fair that we give him the benefit of doubt that he had no nefarious intentions.

Apparently, while Zimmerman was intently scrutinizing Trayvon Martin’s every move and working himself into a frenzy unbeknownst to him, Trayvon was talking on his cell phone to his 15 year old girlfriend DeeDee. As a matter of fact, the phone records show, DeeDee called Trayvon before Zimmerman called NEN 911 and according to DeeDee, Trayvon was well aware of Zimmerman scoping him out. He told her about the creepy guy who was staring at him.

Listen to DeeDee’s statement to State investigators.

And here lies the problem for George Zimmerman. True, DeeDee may not be the most literate, and maybe doesn’t have the vocabulary to perfectly express herself but she is truthful and I can hear the sadness in her voice. In fact, she is the last person to hear his voice.

In essence she is Trayvon Martin’s voice and for that, DeeDee will speak for Trayvon.

To counter DeeDee’s impact on the jury, she must be debunked at trial by Zimmerman’s attorneys. In doing so, it would not be in O’Mara’s best interest to play word games with her. The jury may not take kindly to an educated legal scholar badgering the smittened 15yo girl who is deeply devastated by the lost of her friend whom she described in a word as being “funny”.

Although DeeDee’s statement is important to give Trayvon Martin; a life after death, that he existed and was loved, I still believe the strongest evidence against George Michael Zimmerman is the 911 non-emergency call made at 7:11pm the night of the shooting.

At the onset of the call, Zimmerman begins by setting the stage for the dispatcher in the most buddy-buddy, good ole-boy fashion as if he were a Sanford police officer. When you listen to the NEN call, its obvious George speaks Cop and he also speaks Criminal-Law-Student.

Zimmerman: Hey we’ve had some break-ins in my neighborhood, and there’s a real suspicious guy, uh [near] Retreat View Circle, um, the best address I can give you is 111 Retreat View Circle. This guy looks like he’s up to no good, or he’s on drugs or something. It’s raining and he’s just walking around, looking about.

George Zimmerman says Trayvon Martin is walking around and looking about which is real suspicious to him, why?

Because he’s had some break-ins in his neighborhood.?

*Never mind the fact that he can’t possibly know everyone in his neighborhood.

*Never mind the fact that it can’t be because the real suspicious person is black and so is 40% of his neighbors.

*Never mind the fact that it’s only 7:11pm, not close to curfew or odd that a black teenage boy would be there.

*Never mind the fact that it was raining and he needed to raise the hood of his sweatshirt.

MotherJones.com has posted 5 audio recordings of earlier calls to 911 made by Zimmerman. Listen to earlier calls to 911 here:
Listen closely to Call 1 – 4:10 minutes. Could this person have been GEORGE ZIMMERMAN’s victim too?

Mark Osterman, George Zimmerman’s best friend and avid supporter is seen in surveillance video at the M&I Bank directly across from Retreat View Circle at about 6:38PM. M&I Bank is in very close proximity to the crime scene.

There’s been talk as to whether GEORGE ZIMMERMAN was working as Neighborhood Watch Captain on this night or whether he was simply a concerned citizen, driving his vehicle on his way to do weekly grocery shopping as he claims.

Another discrepancy — George Zimmerman has always claimed that he spotted Martin when driving in route to Targets but this report says something different.

Page 137 or 183 Discovery; Medical Examiner Report

At approximately 1910 hours on 02/26/2012, 911 dispatchers received a call from a resident of the complex. The resident advised of a B/M who was at the complex between the townhouses. The caller stated that the male should not have been in the area and he observed the male while walking his neighborhood watch. Shortly after the call the resident confronted the male and the two began to physically fight. Witnesses observed the two fighting in the yard and then the resident fired a handgun at the male striking him in the chest. The male fell to the ground, SPD and SFD arrived on scene. The male was pronounced at 1930 hours. The identity of the male was unknown.

Is George lying again or is this a case of misinformed medical examiner?

Isn’t it odd that Angela Corey has indicted George Zimmerman with 2nd Degree murder?

So for all of the protesting and publicity, for the hiring of lawyers, for the multiple televised appearances from civil rights leaders, etc. etc, the State Attorney Angela Corey hands down an indictment, Murder in the 2nd Degree and the crowd roars! But is it all smoke and mirrors? Is someone pulling our chain?

Overview of Florida Voluntary Manslaughter Laws

Florida state laws establish the criminal offense of manslaughter when a homicide, the killing of a human being, does not meet the legal definition of murder. Manslaughter, unlike murder, does not require evidence of the defendant’s premeditation or “depraved mind” with disregard for human life; instead, the state requires proof of either voluntary manslaughter or involuntary manslaughter.
Voluntary manslaughter describes a homicide intentionally committed while in the midst of a provocation. The prosecutor must show a sudden, unexpected event or circumstance serving as a provocation. As a result of the provocation, the defendant must have felt a temporary anger, heat of passion, or emotion that immediately resulted in an intent to kill or an intent to commit the act that resulted in the victim’s death.

Overview of Florida Involuntary Manslaughter Laws

When a homicide, the killing of a human being, does not meet the legal definition of murder, Florida state laws allow a prosecutor to consider a manslaughter charge. The state establishes two types of manslaughter: voluntary and involuntary. While voluntary manslaughter describes an intentional act performed during a provocation or heat of passion, involuntary manslaughter does not require an intent to kill or even an intent to perform that act resulting in the victim’s death.
To establish involuntary manslaughter, the prosecutor must show that the defendant acted with “culpable negligence.” Florida statutes define culpable negligence as a disregard for human life while engaging in wanton or reckless behavior. The state may be able to prove involuntary manslaughter by showing the defendant’s recklessness or lack of care when handling a dangerous instrument or weapon, or while engaging in a range of other activities that could lead to death if performed recklessly.
Example: If the defendant handles a loaded gun without any knowledge of whether the gun is loaded, and he later discharges the gun into a group of people, the defendant’s actions likely meet the recklessness requirement for a charge of involuntary manslaughter.
Florida state laws also establish involuntary manslaughter if the prosecutor shows that the defendant used excessive force during self-defense or the defense of another person. The prosecution and defense can look at the facts and circumstances of the killing to determine whether the defendant reasonably believed that self-defense was necessary; if not necessary, the state might proceed with an involuntary manslaughter charge.

Instead of choosing either of these, Angela Corey chose to charge George Zimmerman with Second degree murder.

Overview of Florida Second Degree Murder Laws

In Florida, state laws establish several types of homicide, the unlawful killing of a human being. The state prosecutes homicides as murders and manslaughters — it may be helpful to know the multiple types of murders established by state law and understand the differences among them. In particular, second degree murder lacks the premeditation often required for the prosecution of a first degree murder.
To prove second degree murder, a prosecutor must show that the defendant acted according to a “depraved mind” without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. Unlike first degree murder, second degree murder does not necessarily require proof of the defendant’s intent to kill.
State law specifically requires a charge of second degree murder if the victim dies during the commission of one of the felony crimes specified by statute. These felonies include burglary, home-invasion robbery, kidnapping, sexual battery, and a number of other offenses. To establish second degree murder, the prosecutor must show that the victim died as a result of an act committed by a non-participant in the felony. If the defendant or another criminal participant in the felony caused the unlawful killing, state law requires a charge of first degree murder rather than second degree murder. Florida uses this law to deter and punish unintended deaths as a result of felonious activities.

Defenses to Second Degree Murder Charges
• Justifiable use of deadly force to defend against a felony committed against a person or property
• Excusable homicide committed by accident
• Spontaneous or negligent killing that might qualify as manslaughter instead of murder

Above are defense Attorney Mark Omara’s possible defense strategies. Compare the statutes of Voluntary and Involuntary Manslaughter with the Second Degree Murder Overview and choice is obvious. Angela Corey made a poor decision.

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When I think about the reason for this over-indictment it reminds me of the age old adage, “there’s always a little truth in every lie” especially in judicial process. Just as in the Anthony case when the masses were screaming for her blood, the State of Florida handed down an indictment, first-degree murder with possible death penalty. Total overkill.
In order to get a guilty verdict, the jurors must agree 100%. Had Casey Anthony been charged with manslaughter, it would only take 6 out of 12 jurors in order to get a guilty verdict.

Maybe Corey is thinking Zimmerman is just a little bit guilty? Yes, that’s the ticket. She can hand down the over-indictment to please the masses but she’ll prove involuntary or voluntary manslaughter and hope for the best. At least she’ll look as if she tried.

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After observing the Florida judicial process over the last 3 years, I question the State, their laws and their judicial process.
When I ask myself how can Marissa Alexander, who shot a bullet in the air to scare off her abusive husband be convicted of three counts of aggravated assault with a deadly weapon and the same court system allow Greyston Garcia, who chased down a man who stole radios out of his truck and stabbed him to death, walk free on Stand Your Ground Law, I came to this conclusion. The husband wasn’t in commission of a crime unlike Greyston Garcia’s victim who was.

If I’m right, George Zimmerman will be found guilty, jailed and fined because 17 year-old Trayvon Martin wasn’t in commission of a crime when Zimmerman met up with him.
Garcia claimed that his victim swung the bag of loot at him, so therefore he was scared for his life. The “bag of loot” was considered a weapon.

On the other hand, if it’s true, Martin approached and circled his truck while he was on the phone with the 911 dispatcher, had he shot Martin then, Stand Your Ground Law would have protected him in a heartbeat, but he didn’t.

Both cases start with 911 calls. George Zimmerman’s call is to “Non-Emergency 911” to report a “suspicious person” compared to Joe Horn, who called into “Emergency 911” to report a burglary in progress.

The November 14, 2007 call ended with the sound of Horn racking a shell into his 12-gauge shotgun followed by three gunshots that killed illegal Columbian imigrants Diego Ortiz, 30 and Hernando Riascos Torres, 38.

Seven months later Joe Horn was cleared by Harris county grand jury. The panel issued no-bill after two weeks of testimony. Joe Horn was relieved that his ordeal was finally over.

After the grand jury hearing, Harris County District Attorney Ken Magidson simply said, “In Texas, a person has a right to use deadly force in certain circumstances to protect property and that’s basically what the grand jurors had to deal with.”

As his lawyer Tom Lambright stated in news reports, Joe Horn “was trying to help police catch criminals” The criminals who Horn shot were the men he witnessed carrying property out of the home of his next-door neighbor.

Compared to George Zimmerman, whose intention was to report a suspicious person because of recent break-ins in his gated townhouse community, the difference is obvious. The suspicious person he reported was not carrying burglary tools or breaking the law. His “suspicious person” was carrying a bag of Skittles candy and a can of Arizona Iced Tea.

Paralleling Joe Horn’s case to George Zimmerman’s case, Zimmerman was released from Sanford police department without further detainment. Joe Horn was called to the grand jury and had to testify on his own behalf. He had to retain an attorney and spend two weeks out of his life to convince grand jurors he was not a vigilante.

Both George Zimmerman and Joe Horn were armed. Joe Horn shot and killed two burglars. George Zimmerman shot and killed one suspicious teenager. Both of these cases were the cause of rancorous public debate. Initially both shootings were deemed racially motivated George Zimmerman was called out by Jesse Jackson, Al Sharpton and the new black panthers. There were protest nationwide demanding his arrest.

In Joe Horn’s case and subsequent to the grand jury announcement, Frank Ortiz, a member of the local League of United Latin American Citizens chapter, on the behalf of Ortiz and Torres, said he hoped federal authorities would investigate Joe Horn’s case further.

Although there are some similarities, there are a few differences as well. Joe Horn shot two men in his front yard. George Zimmerman was simply driving by when he spotted what he determined to be a suspicious person walking through his gated townhouse community, the suspicious man lay dead near a paved walk through, no where near the home of George Zimmerman.

Like Zimmerman’s case, the sound of gun fire can be heard in 911 calls. In Horn’s 911 call, you can hear the sound of him loading a shotgun — he verbally warns the dispatcher of what he intends to do and then fires.

In Zimmerman’s 911 call, he doesn’t mention that he’s carrying a Kel-Tec 9mm handgun to the dispatcher so he cannot be warned to not shoot. The only sounds of gunfire heard in a 911 call are from another 911 call made by a neighbor who was calling to report a disturbance from the sound of scuffling and someone screaming for help.

At this time, George Zimmerman’s statements have not been released to the public but it is rumored that he claims he was attacked by the suspicious person and shot him in self-defense. Zimmerman suffered a broken nose and scrapes to the back of his head, said to be from being bashed on the pavement during the scuffle. Zimmerman refused medical treatment at the hospital the night of the shooting.

Comparing Zimmerman to Garcia

In March of 2012, the State of Florida tossed out a second-degree murder charge in the case of Greyston Garcia after he chased a suspected burglar and stabbed him to death. Pedro Roteta, 26 was trying to steal a radio from Garcia’s truck when a roommate alerted him. He then grabbed a knife and chased Roteta for over a block.

Miami-Dade Circuit Judge Beth Bloom decided the stabbing was justified because the burglar had swung a bag of stolen car radios at Garcia, an object that medical examiner at a hearing testified could cause “serious harm or death”. The judge found Garcia was well within his rights to pursue the victim and demand the return of his property. The Huffington Post concluded in their article, Garcia went home instead of calling 911 after the confrontation in January and later hid the knife and sold two of the radios.

In comparison to the Garcia shooting being thrown out under Florida Stand Your Ground Law, Pedro Roteta was in the act of committing a crime against Garcia whereas Trayvon Martin was not in commission of a crime when he caught the attention of George Zimmerman. It’s what happened minutes after the call that is debatable.

Can the state of Florida refute beyond a reasonable doubt that the “suspicious person” attacked George Zimmerman first or will it matter? Perhaps the state of Florida intends to prove it was Trayvon Martin, the suspicious person who was standing his ground considering he was not in any way breaking the law. He had reason to be inside the gates of Retreat View Circle community when he was aggressively being followed by a stranger.

Although usually juvenile records remain sealed in court proceeding. If left up to the Martin family, they may agree that in the case of the death of their son, they may welcome full disclosure and may perhaps want the jury/judge to know that their son had a violence-free arrest record.

The outcome of this tragedy will depend on competency of state prosecutor Bernie de la Rionda and the lawyerly wiles of defense attorney Mark O’Mara in order for George Zimmerman to share the same fate of Greyston Garcia and Joe Horn.

George Zimmerman has been charged with second degree murder. He is now in Seminole county jail awaiting a new bond hearing set for June 29th. The trial is set to take place in mid-2013 in the courtroom of Judge Kenneth Lester Jr.

As most of you know I encountered a very unusual situation a week or so ago at a local banking establishment. It started off in what I thought was a nightmare a week before and ended in a horrifying real ordeal a week later; one where my privilege to drive was confiscated. This is never fun especially if you have more important things to do such as a job or a doctor’s appointment.

It was sudden and without warning. I was innocent of any wrongdoing that day. I say that because I’m not sure if I’m always behaving inside the constraints of the law. The reason being, I don’t know my rights well enough so maybe I am a criminal and don’t know it or maybe I encounter criminals everyday and don’t know it.

While searching for laws that I thought would protect me from detainment by non-law enforcement personnel, I didn’t find very much on the World Wide Web.

I discovered it is allowable if it’s within the investigation of a suspected crime, such as shoplifting yet I found little to nothing on the web addressing my situation which was as the bank claimed, within the investigation of possible identity theft.
Am I this special? Has this NEVER happened before? Or is this society’s little secret and it happens all the time but We The People aren’t aware of Constitution right violations because the media is much too busy promoting lies and propaganda to sell advertisements like they did for 3 years in the Casey Anthony murder trial or the present day daily rhetoric on the George Zimmerman/Trayvon Martin shooting to pay attention and report small incidental Constitutional Right violations?
I have my reading preferences however again I’m in the minority.

Is Detaining Citizens Legal?

It dawned on me, that not knowing your rights can be dangerous to you or any innocent bystanders in certain situations, depending on how well you trust the establishment or the people hired to work there.
A person in a bank, being detained without explanation could act out in an illegal manner but most wouldn’t dare. In a bank with an armed security guard, one is likely to go along with the program and will obey the janitor if he asked to see your identification. No one wants to rock the boat in the bank much like the airport.

Ironically, I proudly carry a Constitutional Rights booklet inside of my purse at all times yet I’m now aware of my inability to apply my Constitutional Rights in my everyday life.
I found myself lost for words and completely incapable of rendering a clear thought. I wasn’t sure if I was being legally detained but I was sure I wasn’t legally able to drive away. It was quite the conundrum.

Our Privilege to Drive

By the way, driving a vehicle is not a Constitutional Right. It’s a privilege. Most of us get into our vehicles hoping we are driving safely. We are obeying all traffic signs and stopping at all of the red lights. We stop at every stop sign for at least 3 seconds and we don’t gun the car when nearing a yellow light.

It’s fairly easy so I’m confident that I’m a good driver, however I lose all confidence in a simple traffic stop. My last traffic stop was over 10 years ago which turned out to be more of an “identity investigation” than one with probable cause because I drove away unscathed with a sick feeling in my stomach.

As laws change on the daily basis since 911, I think we all could use a seminar or two enlightening us on how to live in our new America and what “can we do to live safely in 2012”
I know I can’t get us all update on ALL of the latest laws of the land in one article so I’ll start out with KNOWING YOUR RIGHTS IN A TRAFFIC STOP or other personal encounters with law enforcement. I found the article below: http://www.policewatch.us to be very helpful, straight forward and well written.
Knowledge is what keeps us all safe. Knowledge is what keeps our Constitutional Rights alive and well, intact and happy.

To stop you the police officer must have specific reasons to suspect your involvement in a specific crime and should be able to tell you the reason. Most times you might be getting pulled over for a traffic violation such as speeding or a tail light is out.

Although the stop may seem wrong or unfair, the police believe they have a reason to stop you. Sometimes they just want to know if you are a witness to a crime or if you know about something suspicious. Sometimes they stop you because some other person reported something suspicious about you or someone who looks like you. So just play it cool, ride it out and see what happens.

Rule #1 – Treat the COP like you would want to be treated.

When stopped or you encounter a police officer stay calm, be polite and civil.

Rule #2 – Keep your mouth shut!

Even if you’re not under arrest you NEVER have to answer ANY questions, “except if the police officer ask for your name, date of birth and address.” It’s generally a good idea to say the same address that’s on your I.D.

Staying silent will not hurt you. Do not let the police persuade you to talk.

The officer may not like this and may challenge you with words like, “If you have nothing to hide, why won’t you speak to me?” Just like the first question, you do not have to answer this one either. They may tell you that staying quiet will make things worse for you or that they’ll go easy on you if you talk but this is not true.

You have every right to refuse to speak with the police. And you shouldn’t speak to them, unless you have first consulted with a lawyer who has advised you differently and who is present when you speak with the police officer.

The Fourth Amendment protects you against unreasonable searches and seizures. If the police want to search your house without your consent, they need a warrant. Warrants may only be issued upon a showing of probable cause, supported by an affidavit.

The Fifth Amendment protects you against giving evidence against yourself, i.e., your right to remain silent. Just as you cannot be compelled to testify against yourself in a criminal trial, neither can you be compelled to answer a police officers questions.

Anything you say can and WILL be used against you !

So keep your mouth shut and say nothing!

Some cops are worse than others and a lot of them may treat you differently if they think you know your rights. The police depend on fear and intimidation to get what they want.

If you run into a really bad cop, talking back to him and standing up for your rights might get you beaten up or killed, so be careful about the realistic limits of “the law” and of your rights as an American. Cops are perhaps the most dangerous members of our society, so be careful when you talk to them.

ALSO NEVER SIGN ANYTHING !!!

Never sign anything a police officer or a federal agent might give you, other than a traffic warning or traffic citation.

Anything You Say Can And Will Be Used Against You!

On traffic stops the police usually will ask you “personal” questions such as, where are you going, where have you been, who did you see, how long did you visit, ect. At that point it’s the perfect time to exercise your RIGHTS by asking the officer, “AM I FREE TO GO?”

The Federal Supreme Court has ruled that as long as the police do not force an individual to do something, the individual is acting voluntarily, even if a normal person would feel very intimidated and would not reasonably feel they could say no. See (Florida v. Bostick, 1991) If you do what a policeman tells you to do before you are arrested, you are ‘voluntarily’ complying with their ‘requests’.

There is NO legal requirement that citizens provide information about their comings and goings to police officers! Another words it’s none of the police officers damn business! There is NO law that says you must tell a police officer where you are going or where you have been.

Keep your mouth shut and say nothing!

Remember there is no legal requirement that citizens provide information about their comings and goings to police officers!

There’s only three things you need to tell a cop:

1. Your name

2. Your date of Birth

3. Your address

After that keep your mouth shut!

If they ask you anything else, exercise your RIGHTS by asking,

“AM I FREE TO GO?”

Talking to the police is your decision, not their right! The police must respect your decision on this matter and are forbidden by law to coerce you. Again silence is golden if you even suspect there is the possibility you are a suspect. Get a lawyer and keep quiet.

An “honest cop” will understand and respect your rights. Be polite, civil, and silent! Bad cops will use all sorts of tricks so it is best to have a lawyer.

Remember when confronted by the authorities there is NO law requiring you to talk to them. Even the simplest questions asked by a police officer may be loaded!

On the down side you have no constitutional right to a have a friendly or courteous police officer on the day of your traffic stop. Do not demand to know the reason for the traffic stop. Remain calm, polite and respectful at all times even if you have to fake it! You should immediately produce your license, vehicle registration and auto insurance upon request. Plan ahead by storing these items in an easily accessible place so you are not fumbling around trying to find them in front of the police officer.

A good time to ask “AM I FREE TO GO,” is after the cop has given you a “warning” or a “ticket” and you have signed it. Once you have signed that ticket the traffic stop is legally over with, so says the Supreme Court. Now if you want to stand around and shoot the breeze with the officer or answer his questions, that is up to you. Just remember you don’t have to! After you sign the ticket ask,

“AM I FREE TO GO? “

Be as nice as possible, but stand firm on your rights!
Read Fourth & Fifth Amendments

CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED — EVEN DURING A STATE OF EMERGENCY OR WARTIME !

Car Searches And Body Searches

Remember they wouldn’t ask you if they didn’t need your permission!

A police officers swore an oath to uphold the Constitution, not to violate your rights against unreasonable search and seizure. If a cop ask or tries to search you, your home or your car say repeatedly,

“I DON’T CONSENT TO THIS SEARCH !”

“The right to be free from unreasonable searches is one of our most precious First Liberties”

You DON’T have to give consent to a law enforcement officer to search your vehicle or home. While you DON’T have to consent, bear in mind that the expectation of privacy in a car is less than the expectation of privacy in your home. Based in part on the lessened expectation of privacy in a car, law enforcement officers are permitted to conduct a warrant less search of a car if the officer has probable cause. “In some cases the police officer will lie and make up a probable cause.”

Just for being stopped for a traffic violation should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. If the officer smells marijuana as he approaches the car, he then may have suspicion to search. “Alot of times the officer usually will lie and say that he smells a “suspicious” smell. Guess what, the officer now has probable cause at which point he may now search your car.

Let us not forget that our Government has said that, “We the People” have very few rights and very few rights to privacy in a car on a public road, versus being in our home.

If the Police Come to Your Home-You Don’t Have to Open the Door!

If the police knock and ask to enter your home, you DON’T have to open the door unless they have a warrant signed by a judge. Such an invitation not only gives the police officer the opportunity to look around for clues to your lifestyle, friends, reading material, etc; but also tends to prolong the conversation.

There is no law that says you have to open your door to a police officer. Don’t open your door with the chain-lock on either, the police can shove their way in. Police are known to kick in doors. Simply shout “I HAVE NOTHING TO SAY!”

* However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant. Ask to see the search warrant and make sure it is signed, has the correct date, correct address, and apartment number, ect.

Remember when confronted by the authorities there is NO law requiring you to talk to them. Even the simplest questions asked by a police officer may be loaded!

NEVER agree to go to the police station for questioning. Simply say, “I HAVE NOTHING TO SAY.”

If The Police Stop You On The Sidewalk…

You are perfectly within your rights to say to the officer who asks to speak with you, “Officer, I do not want speak with you. Good-bye.” At this point you should be free to leave the officer’s presence. The officer may not like this and may challenge you with words like, “If you have nothing to hide, why won’t you speak to me?” Just like the first question, you do not have to answer this question either.

The next step the officer might take is to ask for identification. If you have Identification on you, tell the officer where it is and ask permission to reach for it.

As bad cops are control freaks and will use even an accidental bumping up against you as an excuse to charge you with assault on a police officer and resisting arrest, as well as justification for the use of force. Be careful and keep your hands in view at all times, telling the cop you are going to reach into your pockets for your license, as you might risk getting shot. Avoid any sudden moves with your hands for the same reason and remain calm, as being agitated will cause some cops to arrest you for interfering or worse.

So keep your mouth shut and say nothing!

There is no legal requirement that citizens provide information about their comings and goings to police officers! Another words it’s none of the police officers business! There is no law that says you must tell a police officer where you are going or where you have been.

Remember when confronted by the authorities there is NO law requiring you to talk to them. Even the simplest questions asked by a police officer may be loaded! NEVER agree to go to the police station for questioning. Simply say, “I HAVE NOTHING TO SAY.”

Probable Cause…

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However, a police officer is always allowed to initiate a voluntary conversation with you.

Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in “free to leave.” Now if the police officer doesn’t have “probable cause”, and you refuse him to search your car, he might bring in a drug dog. At this point since the officer has no probable cause, he may be illegally detaining you. Tell the officer that you have an appointment and you’re running late, and you really don’t have time to stay. Ask him if you’re free to leave so that you’re not late for that appointment.

Under the Fourth Amendment to the U.S. Constitution, police may engage in “reasonable” searches and seizures.

To prove that a search is “reasonable,” the police must generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is called “probable cause.”

Police may use first-hand information, or tips from an “informant” to justify the need to search your property. If an informant’s information is used, the police must prove that the information is reliable under the circumstances.

Here is a case where the police used a “informant’s information” and the police officers took it upon themselves to kick in a door of a home at 1:30 in the morning without obtaining a search warrant. The aftermath was six police officers firing over 30 shots, and shooting an innocent man 9 times in the back as he laid on the ground.

What You Don’t Know Could Change Your Life Forever…

You might ask don’t police have to tell me that I have the right not to be searched? After all, when a suspect is arrested, he is told before interrogation takes place — that he has the right to remain silent.

The Supreme Court has said NO. According to the Court, the fact that a person might not know he has the right to refuse a search is merely one factor in the determination of whether his consent is voluntary. The Court has reasoned that the police do not need to give warnings — to eliminate any doubt about the suspect’s knowledge of her rights — because warnings might detract from the informality of an otherwise “friendly” interaction between “civilians and the police.” So one might ask himself, is someone that would use something against you, really a “friend?”

The Supreme Court has explained that “the community has a real interest in encouraging consent, for the resulting search may yield necessary evidence for the solution and prosecution of crime….” Furthermore, the Court has concluded, it would be “thoroughly impractical” to require an effective warning about the right to refuse. So another words the Supreme Court says ignorance of your rights is no excuse!

Can We Trust the Cops?

Are police officers allowed to lie to you? Yes the Supreme Court has ruled that police can sink to the lowest of low and be deceitful and lie while questioning you.

Police officers are very good at lying, twisting words and they are trained to be manipulative. Don’t try to out smart the officer, or try being a smooth talker, because you will loose! If you can keep your mouth shut, you might just come out ahead more then you expected

Police officers and other law enforcement agents are very skilled at getting information from people. Many people are afraid that if they refuse to cooperate, it will appear as if they have something to hide. Don’t be fooled. The police are allowed to (and do) LIE to you.

The federal government made a law that says citizens can’t lie to federal agents. They can lie to us, but we can’t lie to them. Makes perfect since don’t it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven’t said anything?

Although police officers may seem nice and pretend to be on your side, they are likely to be intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing, with the end goal of stopping political activity with which the government disagrees. Don’t try to answer the police officers questions, or try to “educate them” about your cause, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give the police officer might be used and misconstrued to hurt you or someone else. And keep in mind that lying to a federal agent is a crime.

Officers may promise shorter sentences and other deals for statements or confessions. The police cannot legally make deals with people they arrest. The only person who can make a deal that can be enforced is the prosecutor, and he should not talk with you without a lawyer present who represents you.

Teach your children that the cops are not always their friends, and the police officer must contact a parent for permission to ask your child any questions. Remember that the police are trained to put you at ease and to get you to trust them. Their job is to find, arrest and help convict a suspect. And that suspect is you!

Remember that the officer is not trying to be your buddy and become a new friend, they are on a “fishing expedition” to find something against you! They have nothing criminal on you, so there looking for anything while they have you pulled over. Also keep in mind that the entire conversation is being recorded and video taped by the police. Remember to speak clearly and look at the video camera in the police car and say “AM I FREE TO GO?” and/or “I DO NOT CONSENT TO THIS SEARCH!”

Lies That The Police Use To Get You To Talk…

There are many ways the police will try to trick you into talking. Its always safest just to say the Magic Words: I am going to remain silent. I want a lawyer.

The following are common lines the police use when they’re trying to get you to talk:

* “You will have to stay here and answer my questions” or “You’re not leaving until I find out what I want.”

* “I have evidence on you. Tell me what I want to know or else.” (They can fabricate ”fake” evidence to convince you to tell them what they want to know.)

* “You’re not a suspect. Were simply investigating here. Just help us understand what happened and then you can go.”

* “If you don’t answer my questions, I won’t have any choice but to take you to jail.”

* “If you don’t answer these questions, you’ll be charged with resisting arrest.”

You don’t have to answer any of the police officers questions. Simply say: I have nothing to say! I would like to speak to a lawyer. When the police officer says: Why you want a lawyer, you’re not under arrest. Then you would say: AM I FREE TO GO?

DON’T EVER TOUCH A POLICE OFFICER!

Never resist physically! Don’t run from the police or resist, even if you believe you are innocent.

As bad cops are control freaks and will use even an accidental bumping up against you as an excuse to charge you with assault on a police officer and resisting arrest, as well as justification for the use of force. Be careful and keep your hands in view at all times. Tell the police officer when you are going to reach into your pockets for your license, this is to avoid getting shot. Avoid any sudden moves with your hands for the same reason and remain calm, as being agitated will cause some cops to arrest you for interfering or worse.

Police Pat Downs…

The police are allowed to pat down your clothing “for their protection” if you’re being “detained”, to look for weapons and they’re allowed to search you if you’re being arrested. A police officer CAN’T go through your pockets or make you empty your pockets, unless you are under arrest.

Your car can be searched without a warrant so long as the officer has “probable cause”. Which means “probable cause” could be anything their imagination thinks up.

To protect yourself, make it clear that you “don’t consent to a search” and ask why they are searching you. Remember the reason they give you. If they claim to have a warrant, ask to see it. Whether or not they have a warrant, you can protect your CONSTITUTIONAL RIGHTS by making it clear that you do not consent to a search.

Remember they wouldn’t ask you if they didn’t need your permission!

Safe Things To Do When You Are Frisked By The Police..

The law allows police to frisk you. “Frisk” means the police can place their hands on your body and pat you down on top of your clothes if they have reason to believe you have a weapon. If the police feel something that could be a weapon or that they recognize as drugs, the police can go into your pockets and search. Otherwise a police officer CAN’T go through your pockets or make you empty your pockets, unless you are under arrest. Even if the police are wrong, the law allows this pat down and search if the police have reasons to believe you have drugs or weapons. If the police stop you and want to frisk you follow these rules:

1. Do not resist this pat down.

2. Stay still. Stay calm. Stay patient.

3. Do not touch the officer in any way.

If The Police Arrest You…

If you are arrested, the police can search you and the area close by. If you are in a building, “close by” usually means just the room you are in. If an officer comes to your home with an arrest warrant, this might be one of those times NOT to take the cop up on an offer to go get your shoes. The only reason he would offer is to get a chance to search your house! Remember go outside, and lock the door because you don’t need shoes in jail!

If during a search or an arrest the police take anything from you, they must give you a receipt for every item seized, including your wallet and its contents, clothes, and any packages you were carrying when arrested.

* Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.

* If you’re on probation or parole, tell your P.O. you’ve been arrested, but nothing else.

* If you are arrested and you cannot afford a lawyer, you have the right to a public defender. If you raise bail this right might be taken from you.

* You may be released with or without bail following the booking. If not, you have the right to go into court and see a judge the next court day after your arrest. Demand this RIGHT! When you appear before the judge, ask for an attorney. An attorney has a better chance at convincing a judge to let you out on a lower bail then you could.

Confessions…

There are measures police cannot take when trying to get a confession. They cannot touch a suspect, threaten him or her, or promise him or her anything.

Officers may promise shorter sentences and other deals for statements or confessions. The police cannot legally make deals with people they arrest. The only person who can make a deal that can be enforced is the prosecutor, and he should not talk with you without a lawyer present who represents you.

Most people know me as JB of www.theJBMission.com, the person who blogged the Casey Anthony Case with the intention of giving the “opposing side” a voice. During that saga of sharing questionable documents and alternate theories, I strove to be true to myself and at the same time not cater to those who came to my blog to malign the non-believers of the “Casey Killed Caylee” campaign that was being force fed to me by the media and touted by the majority of Casey Anthony forums. I also tried my best to keep politics out of our discussion, keeping in mind that discussion of politics and religion generally provoke heated discussions even amongst friends. At Blogs much like bars and family gatherings, topics of politics and religions can be risky if not dangerous.

I feel very proud of what was accomplished at TheJBMission.com, along the way I met the most wonderful virtual friends Blogdom had to offer and savored the most gratifying feeling that came to be on July 5, 2011 when Casey Anthony was acquitted of all charges having to do with the death of her beautiful, beloved child Caylee Marie Anthony.

With the Anthony case behind me, my thoughts have moved onto other happenings in America. Two of my pet peeves are discrimination in the American workforce and the American focus on physical appearance. It’s became apparent to me that the basic right to be true to one’s self in this nation, to enjoy all of the amenities this country has to offer is in jeopardy.

No longer are we free to be ourselves and at the same time have a viable job in America. With the jobless rate as of April 2012 at 8.2 percent, it’s a struggle to land a job for anyone much less the cute and cuddly chubby girl, or the long haired philosophical Hippie guy, or the all knowing grandmother who’s been through it all and has valuable life lessons to share. That workforce doesn’t exist anymore.

I see the workforce today in its earliest stage of development to be hostile and unfair. Today all that employers generally ask is that you don’t smoke and that you’re not obese. As a premise for these requirements, the issue of health and insurance comes into play. It’s based on junk studies, junk science and the presumption that smokers and people who are overweight have more health issues than the non-smokers and the weight proportioned individuals.

Thinking back to when I first went into the workforce, these things were never considered. As a matter of fact, for an employer to openly state these preferences would be grounds for a discrimination lawsuit so today I ask myself, “what happened while I was busy working 40 hour weeks and sending 3 children to school?” “What happened while I had my nose to the grind, not paying attention to county/parish meetings and state legislation?” “What was happening in our country before CSPAN and CNN?” I really don’t know what happened but I do know that my rights today are not the same as my rights in 1972 when I went out on my first job interview that I found in the classified ads of the Times Picayune and landed that job, that day without a resume before I reached home.

Wake up America,

Our Rights are Slowly Disappearing!

As I’ve stated before, I never paid much attention to politics. I just assumed that the majority of people in America who did read the small print in the campaign brochures knew the candidate was right for the job. Who knows? Maybe the candidate was right for the job initially but changed his agenda when he reached Washington D.C.? Maybe he saw that there was money to be made from lobbyist, maybe he had to play a game of “you scratch my back and I’ll scratch yours” in order to see his campaign promises come to fruition?

There’s a disturbing trend here and no, this trend will not affect me but this trend may affect my grandchildren or yours. The reality is we all came into this world with genes from our parents which don’t change because they worked out a gym or ran 2 miles a day. These genes are genetic and stay with us and are passed on to generations. I don’t like the thought of my grandchildren struggling to be physically perfect. I prefer thinking of them expanding their minds, enjoying all that life has to offer without fear of not being accepted.

BULLYING

Today bullying is more prevalent than ever. Why is that? Is it because society is faced with the reality that not all are born equally beautiful and that society is promoting intolerance by its constant focus of physicality and that brains nor pleasant personality are acceptable?

Not all of our children who were born physically attractive home free. They fear losing their attractiveness and possibly becoming the ugly troll on the school bus and one day become the “bullied one” and not the “bullier.” That’s an adolescent’s painful reality.

When thinking adolescence, the word “acne” comes to mind. Heaven forbid they hit a stage in puberty, wake up one morning with a pimple on their nose! Its not hard for me to imagine this could be a tragic and suicidal situation. I’ll address bullying in my upcoming article because there is a connection to America’s focus on the beautiful to bullying. From there we’ll go to McDonalds.. stay tuned.

*Note: This is a sample of the type of topics for my new blog www.thejbmission2.wordpress.com. As you all know I tried to avoid political discussions here because the main topic was Casey and Caylee Anthony. With that case practically out of the media, I wanted to share other things that bother me. Check it out and share your point of view. If you’ve written an article on other topics, you can share your thoughts there too. So lets get political!